{"id":"alj-H405441-2025-09-19","awcc_number":"H405441","decision_date":"2025-09-19","opinion_type":"alj","claimant_name":"William Wallis","employer_name":"Georgia Pacific, LLC","title":"WALLIS VS. GEORGIA PACIFIC, LLC AWCC# H405441 September 19, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WALLIS_WILLIAM_H405441_20250919.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WALLIS_WILLIAM_H405441_20250919.pdf","text_length":5714,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H405441 \n \n \nWILLIAM K. WALLIS, \nEMPLOYEE CLAIMANT \n \nGEORGIA PACIFIC, LLC, \nEMPLOYER RESPONDENT \n \nOLD REPUBLIC INS. CO./ \nESIS, INC. \nCARRIER/TPA RESPONDENT \n \n \n \nOPINION FILED SEPTEMBER 19, 2025, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Thursday, September 18, 2025, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in \nMonticello, Drew County, Arkansas. \n \nThe claimant is represented by the Honorable Kenneth A. Olsen, Olsen Law Firm, LTD, Bryant, \nSaline County, Arkansas, who waived appearance at the hearing. \n \nThe respondents were represented by the Honorable Rick Behring, Jr., Newkirk & Jones, Little \nRock, Pulaski County, Arkansas. \n \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, September 18, 2025, to determine whether this claim \nshould be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis \nReplacement) and 11 C.A.R. Section 25-110(d) (Code of AR Regulations 2025) (formerly cited \nas Commission Rule 099.13 (2025 Lexis Replacement). \n The respondents filed a motion to dismiss this claim without prejudice for lack of prosecution \nand brief in support (MTD) on April 23, 2025. (Respondents’ Exhibit 1 at 3-5). In accordance with \n\nWilliam K. Wallis, AWCC No. H405441 \n2 \n \nthe applicable law both the claimant and his attorney provided due and legal notice of both the \nrespondents’ MTD as well as the date, time, and place of the MTD hearing which the claimant \nreceived on August 5, 2025. (Commission Exhibit 1). Thereafter, the claimant’s attorney sent a \nletter to the Commission dated August 11, 2025, advising on the claimant’s behalf that he did not \nobject to the respondents’ MTD and waiving his appearance at the subject hearing. (Comms’n Ex. \n2; RX1 at 8). \n The respondents’ MTD and brief in support thereof contains a thorough and accurate \nrecitation of all the relevant facts; therefore, I hereby incorporate by reference the relevant facts in \nthis opinion as if set forth word-for-word herein. (RX1 at 3-5). \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 Lexis Replacement), as well as our \ncourt of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 \nS.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the \nrespondents’ MTD. Rather than recite a detailed analysis of the record, suffice it to say the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \nreveals the claimant has failed and/or refused to either actively prosecute his claim, or to request a \nhearing within the last six (6) months and that he does not object to the respondents’ MTD. \n Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to \nthe facts of this claim, and other relevant matters of record including the representations of credible \ncounsel, I hereby make the following: \n \n\nWilliam K. Wallis, AWCC No. H405441 \n3 \n \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having received due and legal notice of both the respondents’ MTD without prejudice \nand brief in support filed with the Commission on April 23, 2025, as well as due and legal \nnotice of the date, time, and place of the subject hearing, the claimant’s attorney advised \non the claimant’s behalf that he did not object to the MTD and he waived appearance at \nthe subject hearing. \n \n3. The claimant has not requested a hearing within the last six (6) months and has taken no \naction(s) to raise any issues related to or to prosecute this claim. \n \n4. Therefore, the preponderance of the evidence compels the decision the respondents’ MTD \nwithout prejudice filed April 23, 2025, should be and hereby is GRANTED; and this claim \nis dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. \nCode Ann. Section 11-9-702(a) and (b) and 11 C.A.R. 25-110(d) (formerly cited as \nCommission Rule 099.13). \n \n If they have not already done so, the respondents hereby are ordered to pay the court \nreporter’s invoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \n ____________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n\nWilliam K. Wallis, AWCC No. H405441 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H405441 WILLIAM K. WALLIS, EMPLOYEE CLAIMANT GEORGIA PACIFIC, LLC, EMPLOYER RESPONDENT OLD REPUBLIC INS. CO./ ESIS, INC. CARRIER/TPA RESPONDENT OPINION FILED SEPTEMBER 19, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:36:34.904Z","links":{"html":"/opinions/alj-H405441-2025-09-19","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WALLIS_WILLIAM_H405441_20250919.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}